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104-10213-10314) | 2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992 |

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i 2 August 1978

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MEMORANDUM FOR : General Counsel
. Director of Sccurity

FROM : $§.D. Breckinridge
SUBJECT 2° HSCA Request of 26 July 1978 -
OLC- 78-2728 .

~

1. Attached is correspondence from the DDO focal
point on the HSCA investigation, responding to Question
f2 of reference. It states that there are and have been
ho agreements (at least not as described in the HSCA
request) between CIA and the FBI, or other governacnt
agencies, that pertain to the Agency's responsibilities
to report on U.S. citizens abroad who contact Coamunist
embassies or officials. It also states that current -
legislation forbids such reporting.

: 2. Attached are copics of Papers collected by

; O/IG during the Rockefeller Commission's inquiry; I

recall that there was a 1966 g@erecnent, which is not ian
these papers. In any event they do not scem to contain

a specific provision such as is envisioned in the report.
It is possible that interpretations of NSCID and DCID
provisions resulted in routine reporting of such con-
tacts, although there were no agreenents, per se, for
such action. Since the proaulgation of Executive

Orders 1190S and 12036 there have becn limitations on : i
reporting on U.S. persons, which fay affect past practice. :
Nowever, this office is not in a position to provide an

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i _ Agency position on this issue. N :
| 3. It is requested that you coordinate with the : i
| DDO in preparing an answer to an Agency response to - ot {
! the HSCA question. . ‘ ot |.
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H oo. i
| Distribution: S.D. Breckinridge

1 - General Counsel |
| 1 ~ D/Security soe .
'. I ~ OLC/Subj. This document may be ;
| i ~ OLC/Chron downgraded to AIUG
; 1. i: Gregg we far when detached from
| fr. Shepanck attachment

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TO:*' FR/ATLANTA. FR/CHICAGO. FR/CLEVELAND, FR/BOSTON, FR/SAN FRANCISC

FR/LOS ANGELES. FR/NEU YORK. FR/UASHINGTON.
SECRET TELEPOUCH

DISP NO: BD 9335 22 12 522 Fea7d
DATE: 18 FEBRUARY 1974

ISOLOG
TO: CHIEF OF BASE. ATLANTA’ CHIEF OF BASE. BOSTON: CHIEF OF BASE, Los
ANGELESS CHIEF OF BASE. CHICAGOs CHIEF OF BASE. CLEVELAND: CHIEF OF

BASE. SAN FRANCISCO’ CHIEF OF BASE, NEW YORK% CHIEF OF BASE. UASHINGTO?
FROM: CHIEF. FOREIGN RESOURCES DIVISIOH ; os

“SUBJECT: CRELATIONS WITH THE Far
1. ATTACHED HEREWITH IS THE SUBSTANCE, OF A LETTER From FSI Has

TO ITS EIGHT FIELD OFFICES IN CITIES WHERE FR BSASES’ARE LOCATED. aia

THIS LETTER IS AIMED AT CLARIFYING A NUMBER OF BASIC FACTS REGARDING BAR

. «THE MISSIOND OF DDO IN GENERAL AND FR DIVISION ACTIVITIES IN THE USA
IN PARTICULAR, AND IT SPELLS OUT IM SOME DETAIL OUR AGREED INTERPRE

owe

“TATION OF SOME OF THE HISTORICALLY MORE TROUBLESOME ASPECTS OF Tlic

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2. YE. WERE ESPECIALLY GRATIFIED WITH THE OPENING PARAGRAPHS OF

T FR OS CARRYING OUT A U.S-

: ‘:
THE LETTER WHICH EMPHASIZE THE FACT THA
OREIGH INTELLIGENCE

T IN ITS RECRULTMERT oF F

GOVERNMENT REQUIRENEN
VITY IS BEING CONDUCTED IH THE USA WITH

"| SOURCES: AND THAT THIS ACTI
g BASIC POINT WHICH THE LETTER MAKES

FULL BUREAU CONCURREKCE - ANOTHE
ENT} IS TO PROTECT

3! URPOSE OF THE GUIEDELINES {ib AGREEN

is THAT THE P
THE BEST INTERESTS OF THE U-S- EGOVERNHERT + NOT ENABLE THE BUREAU TO

HONITOR OUR OPERATIONS ~
3.- THERE WAS CONSIDERABL

T NO REAL STICKY DIFFERENCES AROSE-
IGHLIGHTS OF THESE DISCUSSIONS

E DISCUSSION TNVOLVED If DRAFTING THIS
WE BELIEVE IT NIGHT BE

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LETTER. BU

:, USEFUL TO GIVE ADDRESSEES SOME OF .THE H

AS BACKGROUND FOR ANY TALKS YOU MAY HAVE ON T
THESE ARE SET OUT BELOU:

ON THE QUESTION OF WHAT FOREIGN

HESE SUBJECTS WITH YOUR

FIELD OFFICE CONTACTS-

~ . he “PAGE 2. LAST PARAGRAPH?
OFFICIALS ARE OF “PRESUMED INTEREST" 10 THE BUREAUS YE AGREED THAT
MENTS AND THAT eR WOULD

S CASE BY CASE DETER-

+ THE CATEGORY EY

1P USE ONLY i

= THIS CATEGORY CHANGED WITH WORLD DEVELGPH

> SIMPLY USE A COMMON SENSE JUDGHENT ‘TO nmAKE IT

“MINATION- UE AGREED THAT TRYING TO BROADEN OR LENIT

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FURTHER DEFINITION WAS NOT PRACTICAL -

_— .
B- PAGE 3. TOP PARAGRAPH: PLEASE NOTE THAT THE CRITERION

OF OVERLAP AND/OR CONFLICT IS USED THERE THE SAME AS IN THE “bb AGR

NENT PARAGRAPH TUO CONCERNING BUREAU CONCURRENCE FOR RECRUITNERT

APPROACHES -
° C- PAGE 3. BOTTOM PARAGRAPH: ALTHOUGH HE ARE REQUIRED OK

TO KEEP FBI APPRISED OF INFORMATION RELATING TO ITS COUNTERINTELLIG

AND INTERNAL SECURITY RESPONSIBILITIES, WE’ CONCURRED IN THIS REQUES

. FOR MORE DETAILED AND TIHELY REPORTING ON CERTAIN CASES SINCE UE ;

CONSIDERED THE DETAIL ASKED FOR TO BE OF DEMONSTRABLE CI VALUE AND i

TINE LIMITS TO BE REASONABLE-

THE BUREAU WAS COMPLETELY AMENABLE 1 j
EQUGIREMENTS TO CASES WHEREIN THEIR STATUTORY RESPOi H
i

" LIMITING SUCH R
SIBILITIES WERE CLEARLY INVOLVED,
THE ADDITIONAL AGREEMENT ALLOWING THE FIELD OFFICES. AND THE FR BAS!

AND WE WERE PARTICULARLY. PLEASED

:TO BORK OUTeTHE LOCAL HANDLING OF ALL OTHER CASES. INCLUDING G3a02

|
“SPECIFICALLY THE "PRIOR WOTICE™ REQUIRENENT OF PARAGRAPH THREE OF
. {

E THAT THIS ENTIRE PORTION OF THE LETTER INVOL
LLY AS BELL AS PRACTICALLY. IN THE BURE

COGADINA TIS onrecens . «1 USE ONLY

“TARGETS WHICH ARE HISTORICA

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"COUNTERINTELLIGENCE ETERRITORY".+ ZT SHOULD ALSO BE NOTED THAT THE:
BUREAU HAS ALREADY AGREED TO PROVIDE US WITH CERTAIN TYPES OF OPERA~
TIONAL INFORMATION In EXCESS OF ANY EXISTING AGREEMENT. AND WE HAVE
RECEIVED INITIALLY FAVORABLE REACTION TO PROPOSALS FOR ADDITIONAL
ITEMS IN THE FUTURE- UE DO NOT BELIEVE THIS REPORTING AGREEMENT WILL
CAUSE YOU ANY SERIOUS PROBLENS, But IF IT SHOULD BE BROADENED OR ,
INTERPRETED IN A WAY THAT YOU CONSIDER UNREASOHABLE OR BURDENSONES
PLEASE ADVISE AND WE BILL TRY TO HAVE THE CRITERIA DEFINED MORE FECELO
CLERRNHEOSELY- ;

De PAGE 4. BOTTOM PARAGRAPH: WE HAD CONSIDERABLE DISCUSSION
ON THIS SUBJECT. THE ESUREAU FELT THAT IN SOME INSTANCES UE WERE
“STRETCHING” THE ASSESSMENT PROCESS INTO THE FIRST STAGES OF RECRUIT-
KENT. AND IN SOME OTHERS UE WERE MOVING INTO RECRUITNENT YITHOUT
FORMALLY SEEKING BUREAU CONCURRENCE AND COORDINATION « GOOD FAITH
- BEING PRESUMED. IT BECAME APPARENT THAT OUR PROBLEM WAS BOTH SEMANTIC

%

> AND ONE OF DEFINITION. THE BUREAU INSISTS. AND WE RECOGNIZE. THAT

CONCURRENCE IN OUR PROCEEDING WITH . ASSESSMENT CANHOT GE INTERPRETEDD
AS CONCURRENCE 70 MOVE BEYOND ASSESSMENT. THEY EXPLAIN THAT THEY

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OFTEH COHCUR IN OUR ASSESSNENT OF TARGETS IN BHOM THEY HAVE A VE
' . ACTIVE PRECRULTMENT INTEREST” WITH GUREAU SOURCES IN TOUCH, ETC.
HENCE, BEFORE THE AGENCY MOVES INTO THE ACTUAL RECRUTTKENT OPERA
THE BUREAU NEEDS SPECIFIC NOTICE Il ORDER TO ASSESS ITS OUN COUN

!
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INTELLIGENCE OR INTERNAL SECURITY EQUITIES AND MAKE A DECISION.
~ 7 ~ THE DEFINITIONS OF "ASSESSMENT" AND "RECRUITMENT? IN THE LE
SHOULD BE CONSIDERED TOGETHERS THE ONLY POSSIBLE AREA 9F CONFUSI
GOULD SEEN To BE IN THE "PROCESS" OF RECRUITMENT. A SIMPLISFIED
CONMON SENSE BREAKDOWN WOULD BE THAT ASSESSMENT IS THE OBTAINING
AND ANALYZING OF INFORMATION CONCERNING A TARGET INDIVIDUAL To E
US TO DETERMINE WHETHER OR NOT IT IS DESIRABLE -AND/OR FEASIBLE T
MOUNT A RECRUITMENT APPROACHS IF OUR ASSESSMENT IS AFFIRMATIVE,
THEN MOVE INTO THE RECRUITMENT PHASE - PRIOR TO BHICH MOVE UE Nu

\
SEEK BUREAU CONCURRENCE AND COORDINATION.
” UE INTERPRET MANIPULATION OF A TARGET VIA SOCIAL CONTACTS

i

=HANY CASES BY OVERT, LEGAL. DANONCOMPRONISING BUSINESS ARRANGENE

=TO BE PART OF THE ASSESSMENT PROCESS’ THAT IS. AN ATTEMPT TO OBT
:.LQINFORMATION REGARDING HIS VULNERABILITY. STRENGTH. IDEOLOGY,

tP USE ONLY

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ASPIRATIONS, ETC.v ALL OF BHICH ARE PERTINENT TO OUR DECISION To
i OR ROT GO" FOR A RECRUITMENT APPROACH. ON THE OTHER HAND, WE IN
: PRET A COMMERCIAL ARRANGEMENT UKICH IS IN ANY WAY COVERT OR QUAS
LEGAL OR IS A PLANNED STEPEPING STONE TO THE PLANNED INTRODUCTIO!
‘U-S- GOVERNMENT INTEREST, TO BE PART OF THE RECRUITHENT PROCESS 1

_ TO REQUIRE PRIOR BUREAU CONCURRENCE. ;

E- PAGE 42 BOTTOM PARAGRAPH: BASES WILL NOTE THAT UE

"AGREED TO CONSIDER AGENTS RECRUITED IN THE U-S- WHO EREMAIN HERE-
SAME AS AGENTS RECRUITED ABROAD UHO COME HERE FOR TOURS OR VISITS
ALTHOUGH ONLY THE LATTER ARE SPECIFIGED IN THE AGREEMENT. UE FELI i
‘IMPLICITLY IT INCLUDED THE FORNER- UE FEEL THAT OUR EQUITIES ARE
ADEQUATELY :PROTECTED Aad THE VERY SPECIFIC TERMINOLOGY OF PARAGRAF
FIVE AND SIX: OF THE a AGREENENT- NOTE ALSO THAT ALTHOUGH THE

“PROVISIONS OF PARAGRAPHS FOUR. FIVE AND SIX OF THE HL9GL AGREEMES

? AGENTS. OPERATIONS AND SOURCES UHO HAVE REAL OR POTENTIAL CONTACT
- OR CAPABILITY IN THE FIELDS OF COUNTERINTELLIGENCE AUD/OR INTERRA

|

SECURITY’ THAT IS. WHO ARE OF KUOUM OR PRESUMED INTEREST TO THE

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BUREAU. IT IS INCUMBENT UPON US. HOWEVER. TO BE METICULOUS IN ¢
DETERMINATION OF "PRESUMED" INTEREST AND TO LEAN TOUARDS THAT PF
SUMPTION WHEREVER THERE IS ANY DOUBT ,

y. FILE: 100-002-050.

°

ATTACHNENT - FBI LETTER+ AS STATED ABOVE - H/U

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3 - FR/COPS W/ATT

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